12/12/2018 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 12,2018 Sharon read the Inspection Department comments into the record. Mr. George Green,the Director of Natural Resources with the Mashpee Wampanoag Tribe, voiced his concerns on behalf of the Tribe with this project. He said the Tribe opposes granting the proposed Variances. The bridge would interfere with their aquaculture project. At extreme low tide, the tide is about 1.5 ft. to 2 ft. deep, and at a mean high tide, the tide is 5.5 to6ft, Fire Chief, Thomas Rullo addressed the Board and submitted a letter he sent to Matthew Haney dated August 17, 2018 that was read into the record. Mr. Furbush asked the same question he asked five years ago, if there is an emergency on the island, how would the Fire Department respond? Chief Rullo said there is no method to get across the waterway. The Fire Chief stated he would not be able to handle any crisis either fire or medical. Mr. Furbush spoke to the Board and said that not being able to respond to an emergency could cause the Town legal issues. There's no clear ownership title to the Iand on the mainland, and there's no clarity from Conservation to allow the bridge to be built. Scott Goldstein asked the Fire Chief if the apparatus could tarn around. The Chief said the approach would have to be addressed for his apparatus to be able to turn around sufficiently. Attorney John Bowen, with Rackemann, Sawyer & Brewster represents the two private owners who own the last two houses on the left on the North side of Punkhorn Point Rd. The owners of 80 Punkhorn Point Road is James Atkins and John Weltman, and 84 Punkhorn Point Road, owners, Robert and Michelle Wolpe. Mr. Wolpe was present in the audience. Attorney Bowen said these applications are the same as submitted back in 2013, and suggested that under Chapter 40A Section 16 that decision issued by the Board was not really final because the appeal is still pending in Superior Court. He disputes, and doesn't believe the applicant has any right to pave the road, or has any right to bring utilities down the road. Punkhorn Point is a private unpaved narrow road, and he disputes the applicant to travel on this road because it is a private road. Attorney Bowen said there are several items that are very much undecided, and to repeat the requests while there's a live action pending in Superior Court is wasteful and unnecessary,He asked the Board that the requests be denied on these grounds as presented, and it fails to meet the requirements of the Town's bylaws and also fails to meet Chapter 40A Section 10 for a variance. The Attorney said that his clients assert ownership to the Southern boundary and just below Punkhorn Point Rd, and below that, the Town has an active claim to that land. Those issues are open, and there will be a decision. 5